Disposed

Om Prakash Singh v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 6 Others

Allahabad HC15 Mar 2024/241/2024

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought a direction to remove illegal encroachment on gram sabha land. The court held that an efficacious remedy exists under Section 67 of the U.P. Revenue Code, 2006. Without adjudicating merits, the petition was disposed of with liberty to the petitioner to move the competent authority, directing them to proceed expeditiously.

What did the court decide?

Petition disposed with liberty to move an application before the competent authority under Section 67 of U.P. Revenue Code, 2006.

Om Prakash Singh Vs State of U.P. Thru. Prin. Secy… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22812

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Court No. - 6

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 241 of 2024

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Petitioner :- Om Prakash Singh

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others Counsel for Petitioner :- Dharmendra Kumar Pandey,Prabhat Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Alok Mathur,J.

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Heard learned counsel for petitioner as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabha- respondent No.5 has been accepted by Sri Mohan Singh.

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In light of the proposed order, notices to private respondents are dispensed with.

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Petitioner by way of instant public interest petition has approached this court seeking a direction to the opposite parties to remove illegal encroachment made by private opposite parties on gram sabha land Gata No.778/0.0500 hectare recorded as 'Jalmagna Bhumi' in the revenue records of Village Kauro Raghopur, Pargana Paschim Rath, Tehsil Bikapur, District Ayodhya, expeditiously.

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Learned counsel for petitioner submits that aforesaid land is recorded as 'Jalmagna Bhumi' in the revenue records and, thus, is public utility land but opposite parties No.s 6 and 7 have illegally encroached upon the said land. It is further submitted that in this regard the petitioner has made several representations to the authorities concerned but nothing has been done and the illegal encroachment has not been removed.

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Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where after obtaining report of Revenue Inspector and issuing notices to the alleged encroachers, effective orders for removal of the alleged encroachments as well as levy of penalty can be passed in case the allegations are found correct.

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Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.

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Accordingly, without entering into merits of the case, the writ

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petition, is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such an application is made the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law.

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(Alok Mathur, J.)

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Order Date :- 15.3.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Om Prakash Singh v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 6 Others

Case brief

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Om Prakash Singh v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 6 Others

Case brief

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